Retaining Wall

[Brenda Ferraro]

What is the name of your state? California

This is in regards to 2 properties.
The 1st is on a higher street. The original owners put in a 6' high wall that extends 100' across the property - on top of an already existing 4' wall built on the property line by the original subdividers 40 years ago. This makes the current wall 10' high and 100' across. The higher property then put in soil up to the wall as well as a pool, trees, scrubs and concrete. Although the owner got permits for the pool, no permits can be found for the wall.

The lower property owners noticed that the wall was leaning 4 1/2 inches off center. In subsequent inspections the leaning is getting worse. The lower property owners had contractors come out to look at the wall (which is now leaning 9 3/4 inches). The contractors said that the wall is not a retaining wall, just a block wall set up on an already existing wall. There is rebar set inside but no concrete. It was not built to code even for 1967. The contractors indicate that the wall is coming down.

The upper property owner refused to cooperate and will not incur any costs for the wall even though it's his property that benefits, and his property that will fall into the lower yard should the wall fall. Does anyone have any experience in a matter similar to this? Since the wall was built by the original owners of the upper property it would appear the current owner would be responsible for the wall. Any thoughts?

 

[HomeGuru]

What is the name of your state? California

This is in regards to 2 properties.
The 1st is on a higher street. The original owners put in a 6' high wall that extends 100' across the property - on top of an already existing 4' wall built on the property line by the original subdividers 40 years ago. This makes the current wall 10' high and 100' across. The higher property then put in soil up to the wall as well as a pool, trees, scrubs and concrete. Although the owner got permits for the pool, no permits can be found for the wall.

The lower property owners noticed that the wall was leaning 4 1/2 inches off center. In subsequent inspections the leaning is getting worse. The lower property owners had contractors come out to look at the wall (which is now leaning 9 3/4 inches). The contractors said that the wall is not a retaining wall, just a block wall set up on an already existing wall. There is rebar set inside but no concrete. It was not built to code even for 1967. The contractors indicate that the wall is coming down.

The upper property owner refused to cooperate and will not incur any costs for the wall even though it's his property that benefits, and his property that will fall into the lower yard should the wall fall. Does anyone have any experience in a matter similar to this? Since the wall was built by the original owners of the upper property it would appear the current owner would be responsible for the wall. Any thoughts?

**A: and how are you involved in this?

 

[Brenda Ferraro]

I am the lower properties Real Estate Broker.

 

[Brenda Ferraro]

We have already lost one buyer due to this problem. We are about to enter into another Escrow but must resolve this issue. Any ideas?

 

[HomeGuru]

We have already lost one buyer due to this problem. We are about to enter into another Escrow but must resolve this issue. Any ideas?

**A: why was this issue not resolved prior to going into escrow? Was this issue disclosed on the TDS? When are you going to advise the client to hire an attorney?

 

[Brenda Ferraro]

The buyer knows about the wall. We have kept them informed during this entire process. We disclosed everything prior to receiving the offer, but the buyer's knowledge of the problem does not help us resolve it.

The current upper property owner simply refuses to assume any responsibility even though the previous owner of his property put the wall in (unpermitted) to benefit the property, added the soil and built a pool, not to mention adding trees, plants, and other property items.

His entire property would be adversely affected should the wall collapse. Not to mention the devastation it would cause to my client's property. Picture a 10' high, 100' long retaining wall running the width of the entire upper property falling on one of your family members, pets, or in a best case scenario damaging your pool, your yard or simply flooding your home. Not so good.

I did advise them to seek legal counsel. They were hoping they could remediate the problem between the two owners. Are you an attorney?

 

[JustAPal00]

How close is the wall to th actual property line? Seems to me it should be treated as a neighbors fence. If it leans, the neighbor should incur all expenses to straighten it. It can't lean over your property. If it's not actually over the property line, then nothing can probably be done until it falls.

 

[HomeGuru]

The buyer knows about the wall. We have kept them informed during this entire process. We disclosed everything prior to receiving the offer, but the buyer's knowledge of the problem does not help us resolve it.

The current upper property owner simply refuses to assume any responsibility even though the previous owner of his property put the wall in (unpermitted) to benefit the property, added the soil and built a pool, not to mention adding trees, plants, and other property items.

His entire property would be adversely affected should the wall collapse. Not to mention the devastation it would cause to my client's property. Picture a 10' high, 100' long retaining wall running the width of the entire upper property falling on one of your family members, pets, or in a best case scenario damaging your pool, your yard or simply flooding your home. Not so good.

I did advise them to seek legal counsel. They were hoping they could remediate the problem between the two owners. Are you an attorney?

**A: yes, I am an attorney.

 

[Brenda Ferraro]

Any advice?

 

[HomeGuru]

Any advice?

**A: the same as yours.

 

[Brenda Ferraro]

To Justapal00: Thank you for your response. The original subdividers put in a 4' high retaining wall around the property. The upper owners put in a 6' block wall (not a retaining wall, not to code, and unpermitted) on top of the 4' wall that runs along the property line making the wall 10' in height. The wall is now leaning 9 3/4" off center towards the lower property with cracks showing in the mortar.

Do you know anyone that has been in a similar situation?

 

[TinkerBelleLuvr]

And how long did it take the Leaning Tower of Pisa (whoops ... leaning wall) take to move 9 and 3/4 inches? Has an engineer looked at the problem and given any estimates?

 

[Brenda Ferraro]

Retaining wall

The Leaning Tower of Pisa was actually the Great Wall of China up until about 1-1/2 months ago. No one even noticed it was leaning prior to that. Once it became apparent there was a problem it was at about 4-1/2 inches. Since then it's just continued to get worse. We have been in touch with the city engineers, three separate contractors have come to take a look and all concur with what needs to be done - however, without the cooperation of the upper owner everything is stalled.

 

[HomeGuru]

The Leaning Tower of Pisa was actually the Great Wall of China up until about 1-1/2 months ago. No one even noticed it was leaning prior to that. Once it became apparent there was a problem it was at about 4-1/2 inches. Since then it's just continued to get worse. We have been in touch with the city engineers, three separate contractors have come to take a look and all concur with what needs to be done - however, without the cooperation of the upper owner everything is stalled.

**A: did your client get an attorney yet?